Visitors (tourists) & gun ranges/rentals?

There is a similar and possibly broader visa exemption for visitors from Canada, who (to paraphrase the U.S. Department of State) do NOT require visitor, business, transit or other visas to enter the United States under almost all circumstances.

However, exceptions DO exist, notably for Canadians entering the USA for work, those with criminal histories, and to U.S. citizens' spouses, fiances, and children who enter pursuant to gaining lawful permanent residency:

http://canada.usembassy.gov/visas/information-for-canadians/canadians-requiring-visas.html

A particularly notable visa requirement exists for a Canadian with a criminal history, who- as I interpret the State Dept. page- is immediately required to have a special visa upon discovery of the person's record by U.S. authorities, even if the person is already in the United States (a situation which would presumably result in deportation order in many cases). Furthermore, this requirement applies to drunk driving convictions AND to convictions for which a pardon has been issued by Canadian authorities:

http://canada.usembassy.gov/visas/visas/criminal-ineligibility.html

The bottom line is that, as with the visa waiver program discussed by Frank, there are enough conditions under which a nonimmigrant Canadian would require a visa that IMHO it's arguably still advisable for a public shooting range or other public organization to insist on seeing a hunting license.
 
And this whole legislative complexity illustrates (as if we needed more examples) the unintended consequences of overly complex and numerous laws.

Was it the intent of congress to ban foreign visitors to the USA from renting and shooting guns at a firing range? Probably not. For a tourist coming to the USA, getting to plop down $50 to shoot a pistol or rifle might rank right up there with seeing a giant sequoia tree or attending an NFL football game... i.e. only in America... Many people visit the US from countries where it is nearly impossible to legally shoot a firearm for pleasure.

Whatever congress was trying to do, gun rentals at a range is extremely low-risk as far as national security is concerned.
 
Just got the below reply back from the ATF

Good Morning Sir,



Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your recent email, in which you asked about whether you can visit a shooting range and shoot firearms at the range.



Based on the information contained in your email, you may visit a shooting range as long as you are not prohibited from possessing a firearm. In the way of information, the following categories are prohibiting factors:



Federal law provides that convicted felons and certain other persons are prohibited from possessing or receiving firearms and ammunition. These categories include any person:



• Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;

• convicted of a crime punishable by imprisonment for a term exceeding one year;

• who is a fugitive from justice;

• who is an unlawful user of or addicted to any controlled substance;

• who has been adjudicated as a mental defective or has been committed to any mental institution;

• who is an illegal alien;

• who has been discharged from the military under dishonorable conditions;

• who has renounced his or her United States citizenship;

• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

• who has been convicted of a misdemeanor crime of domestic violence [18 USC 922(g) and (n)].



We trust the foregoing has been responsive to your inquiry. Should you have additional questions, please contact your local ATF office. A listing of ATF office phone numbers can be found at: http://www.atf.gov/contact/field.html.



Regards,

Firearms Industry Programs Branch, ATF



The my original email to them was:
Hi. I am an Australian citizen with a state issued firearms license. I am planning to visit the the US next year and was checking if it would be legal for me to visit a shooting range and use a range owned firearm.

Regards,

Peter
 
Based on the information contained in your email, you may visit a shooting range as long as you are not prohibited from possessing a firearm.
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The problem is, without a hunting license or dispensation from the Attorney General, a nonimmigrant is still prohibited from possessing a firearm. For some reason, they didn't expound on that.

I have also contacted them and am waiting to hear back. In the meantime, sorry to say it, but I wouldn't recommend relying on that letter.
 
In general, casual communication with ordinary service staff at a regulatory agency should not be relied upon with regard to any but the most mundane or routine administrative matters.

When I was working for a living I had any number of occasions to request formal, written advisory opinions from various agencies (although never from ATF). Pretty much every agency has procedures for making such requests, but they are more involved than just sending an email. Such requests need to be carefully crafted to assure that all possible, material information is provided, because the response will be based on exactly the information provided; and any variance makes the response potentially useless. Such requests are generally responded to by a lawyer in the agency's legal division.
 
Well, I finally received a reply:

Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your recent email, in which you asked about nonimmigrant aliens possessing firearms.

A nonimmigrant alien is prohibited from possessing any firearm or ammunition unless he or she meets one of the exceptions provided under 18 U.S.C. 922(y)(2). This prohibition applies in all situations, including renting a firearm or using a firearm owned by another person.

Please be aware that there may be State laws that pertain to your proposed activity. You need to contact your State’s Attorney General Office to inquire about the laws and possible restrictions in your State concerning firearms. A list of their offices is available online at www.naag.org.

We trust the foregoing has been responsive to your inquiry. Should you have additional questions, please contact your local ATF office. A listing of ATF office phone numbers can be found at: http://www.atf.gov/content/contact-us/local-atf-office.
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To put things in perspective, this is from the Firearms Industry Programs Branch, the exact same branch that responded to shooterdownunder by implying there was no problem.
 
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